Legislation inspired by the #MeToo movement that would remove a legal hurdle blocking many employees from suing over workplace sexual misconduct is emerging as the employment bill with the best chance of becoming law ahead of the mid-term elections.
The U.S. Senate measure, known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (S. 2342), has already advanced out of committee and now has backing from 10 Republican senators. That means it could clear the 60-vote threshold required to advance legislation in the chamber, a hurdle that has doomed several House-passed workplace bills in recent years.
The bill, which Sen. Kirsten Gillibrand (D-N.Y.) introduced with bipartisan sponsorship last summer, has attracted support from senators in both parties because it responds to one of the legal issues highlighted by the #MeToo spotlight.
Many employment contracts include binding arbitration clauses that prevent workers from suing an employer over allegations of workplace sexual misconduct, forcing them instead to seek redress through an out-of-court dispute resolution process. The bill would bar enforcement of mandatory arbitration clauses in cases where employees are alleging they were sexually harassed or assaulted at work.
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